CS/CS/CS/HB 1195

1	A bill to be entitled
2	An act relating to condominium, cooperative, and
3	homeowners' associations; amending s. 633.0215, F.S.;
4	exempting certain residential buildings from a requirement
5	to install or maintain a manual fire alarm system;
6	requiring removal of visible portions of the fire alarm
7	system that are no longer maintained; amending s. 718.111,
8	F.S.; revising provisions relating to the official records
9	of condominium associations; providing for disclosure of
10	certain employment agreements with and compensation paid
11	to association employees; amending s. 718.112, F.S.;
12	revising provisions relating to bylaws; providing that
13	board of administration meetings discussing personnel
14	matters are not open to unit owners; revising requirements
15	for electing the board of directors; providing a
16	definition; providing for continued office and for filling
17	vacancies under certain circumstances; specifying unit
18	owner eligibility for board membership; requiring that
19	certain educational curriculum be completed within a
20	specified time before or after the election or appointment
21	of a board director; providing application; amending s.
22	718.113, F.S.; authorizing the board of a condominium
23	association to install impact glass or other code-
24	compliant windows under certain circumstances; amending s.
25	718.114, F.S.; requiring the vote or written consent of a
26	majority of the total voting interests before a
27	condominium association may enter into certain agreements
28	to acquire leaseholds, memberships, or other possessory or
29	use interests; amending s. 718.116, F.S.; revising
30	liability of an association, or its successor or assignee,
31	that acquires title to a unit through the foreclosure of
32	its lien for assessments; revising provisions relating to
33	condominium assessments; providing association notice
34	requirements regarding tenants delinquent in paying any
35	monetary obligation due to the association; conforming a
36	cross-reference; amending s. 718.117, F.S.; providing
37	procedures and requirements for termination of a
38	condominium property that has been totally destroyed or
39	demolished; providing procedures and requirements for
40	partial termination of a condominium property; requiring
41	that a lien against a condominium unit being terminated be
42	transferred to the proceeds of sale for certain portions
43	of that property; amending s. 718.303, F.S.; revising
44	provisions relating to imposing remedies against a
45	delinquent unit owner or a unit owner's tenant, guest, or
46	invitee; providing for the suspension of certain rights of
47	use; revising provisions relating to the suspension of a
48	member's voting rights; requiring that the suspension of
49	certain rights of use and voting rights be approved at a
50	noticed board meeting; amending s. 718.703, F.S.;
51	redefining the term "bulk assignee" and revising the
52	definition of the term "bulk buyer" for purposes of the
53	Distressed Condominium Relief Act; amending s. 718.704,
54	F.S.; revising provisions relating to the assignment and
55	assumption of developer rights by a bulk assignee;
56	amending s. 718.705, F.S.; revising provisions relating to
57	the transfer of control of a condominium board of
58	administration to unit owners; amending s. 718.706, F.S.;
59	revising provisions relating to the offering of units by a
60	bulk assignee or bulk buyer; amending s. 718.707, F.S.;
61	revising the time limitation for classification as a bulk
62	assignee or bulk buyer; amending s. 719.108, F.S.;
63	providing association notice requirements regarding
64	tenants delinquent in paying any monetary obligation due
65	to the association;  amending s. 719.303, F.S.; revising
66	provisions relating to imposing remedies against a
67	delinquent unit owner or a unit owner's tenant, guest, or
68	invitee; providing for the suspension of certain rights of
69	use and voting rights; requiring that the suspension of
70	certain rights of use and voting rights be approved at a
71	noticed board meeting; amending s. 720.301, F.S.; revising
72	the definition of the term "declaration of covenants";
73	amending s. 720.303, F.S.; revising provisions relating to
74	the rights of a member of a homeowners' association to
75	speak at meetings of the board; revising provisions
76	relating to records that are not accessible to members of
77	a homeowners' association; providing for disclosure of
78	employment agreements with and compensation paid to
79	association employees; amending s. 720.305, F.S.; revising
80	provisions relating to imposing remedies against a
81	delinquent member of a homeowners' association or any
82	member's tenant, guest, or invitee; providing for the
83	suspension of certain rights of use; revising provisions
84	relating to the suspension of a member's voting rights;
85	requiring that the suspension of certain rights of use and
86	voting rights be approved at a noticed board meeting;
87	amending s. 720.306, F.S.; specifying additional
88	requirements for candidates to be a member of the board of
89	a homeowners' association; amending s. 720.3085, F.S.;
90	revising liability of an association, or its successor or
91	assignee, that acquires title to a unit through the
92	foreclosure of its lien for assessments; providing
93	association notice requirements regarding tenants
94	delinquent in paying any monetary obligation due to the
95	association; amending s. 720.309, F.S.; providing for the
96	allocation of communications services by a homeowners'
97	association; providing for the cancellation of
98	communication contracts; providing that hearing-impaired
99	or legally blind parcel owners and parcel owners receiving
100	certain supplemental security income or food assistance
101	may discontinue the service without incurring certain
102	costs; providing that parcel residents may not be denied
103	access to available franchised, licensed, or certificated
104	cable or video service providers under certain
105	circumstances; providing an effective date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Subsection (14) of section 633.0215, Florida
110	Statutes, is amended to read:
111	633.0215  Florida Fire Prevention Code.-
112	(14)  A condominium, cooperative, or multifamily
113	residential building that is less than four one or two stories
114	in height and has an exterior corridor providing a means of
115	egress is exempt from installing or maintaining a manual fire
116	alarm system as required in s. 9.6 of the most recent edition of
117	the Life Safety Code adopted in the Florida Fire Prevention
118	Code. An owner who chooses to discontinue maintaining a fire
119	alarm system installed in a condominium, cooperative, or
120	multifamily residential building under this subsection must
121	remove all components of the fire alarm system that are visible
122	from the common areas.
123	Section 2.  Paragraphs (a) and (c) of subsection (12) of
124	section 718.111, Florida Statutes, are amended to read:
125	718.111  The association.-
126	(12)  OFFICIAL RECORDS.-
127	(a)  From the inception of the association, the association
128	shall maintain each of the following items, if applicable, which
129	constitutes shall constitute the official records of the
130	association:
131	1.  A copy of the plans, permits, warranties, and other
132	items provided by the developer pursuant to s. 718.301(4).
133	2.  A photocopy of the recorded declaration of condominium
134	of each condominium operated by the association and of each
135	amendment to each declaration.
136	3.  A photocopy of the recorded bylaws of the association
137	and of each amendment to the bylaws.
138	4.  A certified copy of the articles of incorporation of
139	the association, or other documents creating the association,
140	and of each amendment thereto.
141	5.  A copy of the current rules of the association.
142	6.  A book or books that which contain the minutes of all
143	meetings of the association, of the board of administration, and
144	the of unit owners, which minutes must be retained for at least
145	7 years.
146	7.  A current roster of all unit owners and their mailing
147	addresses, unit identifications, voting certifications, and, if
148	known, telephone numbers. The association shall also maintain
149	the electronic mailing addresses and facsimile the numbers
150	designated by unit owners for receiving notice sent by
151	electronic transmission of those unit owners consenting to
152	receive notice by electronic transmission. The electronic
153	mailing addresses and facsimile telephone numbers are not
154	accessible to unit owners must be removed from association
155	records if consent to receive notice by electronic transmission
156	is not provided in accordance with subparagraph (c)5 revoked.
157	However, the association is not liable for an inadvertent
158	erroneous disclosure of the electronic mail address or facsimile
159	the number for receiving electronic transmission of notices.
160	8.  All current insurance policies of the association and
161	condominiums operated by the association.
162	9.  A current copy of any management agreement, lease, or
163	other contract to which the association is a party or under
164	which the association or the unit owners have an obligation or
165	responsibility.
166	10.  Bills of sale or transfer for all property owned by
167	the association.
168	11.  Accounting records for the association and separate
169	accounting records for each condominium that which the
170	association operates. All accounting records must shall be
171	maintained for at least 7 years. Any person who knowingly or
172	intentionally defaces or destroys such accounting records
173	required to be created and maintained by this chapter during the
174	period for which such records are required to be maintained, or
175	who knowingly or intentionally fails to create or maintain such
176	records, with the intent of causing harm to the association or
177	one or more of its members, is personally subject to a civil
178	penalty pursuant to s. 718.501(1)(d). The accounting records
179	must include, but are not limited to:
180	a.  Accurate, itemized, and detailed records of all
181	receipts and expenditures.
182	b.  A current account and a monthly, bimonthly, or
183	quarterly statement of the account for each unit designating the
184	name of the unit owner, the due date and amount of each
185	assessment, the amount paid on upon the account, and the balance
186	due.
187	c.  All audits, reviews, accounting statements, and
188	financial reports of the association or condominium.
189	d.  All contracts for work to be performed. Bids for work
190	to be performed are also considered official records and must be
191	maintained by the association.
192	12.  Ballots, sign-in sheets, voting proxies, and all other
193	papers relating to voting by unit owners, which must be
194	maintained for 1 year from the date of the election, vote, or
195	meeting to which the document relates, notwithstanding paragraph
196	(b).
197	13.  All rental records if the association is acting as
198	agent for the rental of condominium units.
199	14.  A copy of the current question and answer sheet as
200	described in s. 718.504.
201	15.  All other records of the association not specifically
202	included in the foregoing which are related to the operation of
203	the association.
204	16.  A copy of the inspection report as described provided
205	in s. 718.301(4)(p).
206	(c)  The official records of the association are open to
207	inspection by any association member or the authorized
208	representative of such member at all reasonable times. The right
209	to inspect the records includes the right to make or obtain
210	copies, at the reasonable expense, if any, of the member. The
211	association may adopt reasonable rules regarding the frequency,
212	time, location, notice, and manner of record inspections and
213	copying. The failure of an association to provide the records
214	within 10 working days after receipt of a written request
215	creates a rebuttable presumption that the association willfully
216	failed to comply with this paragraph. A unit owner who is denied
217	access to official records is entitled to the actual damages or
218	minimum damages for the association's willful failure to comply.
219	Minimum damages are shall be $50 per calendar day for up to 10
220	days, beginning the calculation to begin on the 11th working day
221	after receipt of the written request. The failure to permit
222	inspection of the association records as provided herein
223	entitles any person prevailing in an enforcement action to
224	recover reasonable attorney's fees from the person in control of
225	the records who, directly or indirectly, knowingly denied access
226	to the records. Any person who knowingly or intentionally
227	defaces or destroys accounting records that are required by this
228	chapter to be maintained during the period for which such
229	records are required to be maintained, or who knowingly or
230	intentionally fails to create or maintain accounting records
231	that are required to be created or maintained, with the intent
232	of causing harm to the association or one or more of its
233	members, is personally subject to a civil penalty pursuant to s.
234	718.501(1)(d). The association shall maintain an adequate number
235	of copies of the declaration, articles of incorporation, bylaws,
236	and rules, and all amendments to each of the foregoing, as well
237	as the question and answer sheet as described provided for in s.
238	718.504 and year-end financial information required under in
239	this section, on the condominium property to ensure their
240	availability to unit owners and prospective purchasers, and may
241	charge its actual costs for preparing and furnishing these
242	documents to those requesting the documents. Notwithstanding the
243	provisions of this paragraph, the following records are not
244	accessible to unit owners:
245	1.  Any record protected by the lawyer-client privilege as
246	described in s. 90.502; and any record protected by the work-
247	product privilege, including a any record prepared by an
248	association attorney or prepared at the attorney's express
249	direction,; which reflects a mental impression, conclusion,
250	litigation strategy, or legal theory of the attorney or the
251	association, and which was prepared exclusively for civil or
252	criminal litigation or for adversarial administrative
253	proceedings, or which was prepared in anticipation of such
254	imminent civil or criminal litigation or imminent adversarial
255	administrative proceedings until the conclusion of the
256	litigation or adversarial administrative proceedings.
257	2.  Information obtained by an association in connection
258	with the approval of the lease, sale, or other transfer of a
259	unit.
260	3.  Personnel records of association or management company
261	employees, including, but not limited to, disciplinary, payroll,
262	health, and insurance records. For purposes of this
263	subparagraph, the term "personnel records" does not include
264	written employment agreements with an association employee or
265	management company, or budgetary or financial records that
266	indicate the compensation paid to an association employee.
267	4.  Medical records of unit owners.
268	5.  Social security numbers, driver's license numbers,
269	credit card numbers, e-mail addresses, telephone numbers,
270	facsimile numbers, emergency contact information, any addresses
271	of a unit owner other than as provided to fulfill the
272	association's notice requirements, and other personal
273	identifying information of any person, excluding the person's
274	name, unit designation, mailing address, and property address,
275	and any address, e-mail address, or facsimile number provided to
276	the association to fulfill the association's notice
277	requirements. However, an owner may consent in writing to the
278	disclosure of protected information described in this
279	subparagraph. The association is not liable for the inadvertent
280	disclosure of information that is protected under this
281	subparagraph if the information is included in an official
282	record of the association and is voluntarily provided by an
283	owner and not requested by the association.
284	6.  Any Electronic security measures measure that are is
285	used by the association to safeguard data, including passwords.
286	7.  The software and operating system used by the
287	association which allow the allows manipulation of data, even if
288	the owner owns a copy of the same software used by the
289	association. The data is part of the official records of the
290	association.
291	Section 3.  Paragraphs (b), (c), and (d) of subsection (2)
292	of section 718.112, Florida Statutes, are amended to read:
293	718.112  Bylaws.-
294	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
295	following and, if they do not do so, shall be deemed to include
296	the following:
297	(b)  Quorum; voting requirements; proxies.-
298	1.  Unless a lower number is provided in the bylaws, the
299	percentage of voting interests required to constitute a quorum
300	at a meeting of the members is shall be a majority of the voting
301	interests. Unless otherwise provided in this chapter or in the
302	declaration, articles of incorporation, or bylaws, and except as
303	provided in subparagraph (d)4. (d)3., decisions shall be made by
304	owners of a majority of the voting interests represented at a
305	meeting at which a quorum is present.
306	2.  Except as specifically otherwise provided herein, after
307	January 1, 1992, unit owners may not vote by general proxy, but
308	may vote by limited proxies substantially conforming to a
309	limited proxy form adopted by the division. A No voting interest
310	or consent right allocated to a unit owned by the association
311	may not shall be exercised or considered for any purpose,
312	whether for a quorum, an election, or otherwise. Limited proxies
313	and general proxies may be used to establish a quorum. Limited
314	proxies shall be used for votes taken to waive or reduce
315	reserves in accordance with subparagraph (f)2.; for votes taken
316	to waive the financial reporting requirements of s. 718.111(13);
317	for votes taken to amend the declaration pursuant to s. 718.110;
318	for votes taken to amend the articles of incorporation or bylaws
319	pursuant to this section; and for any other matter for which
320	this chapter requires or permits a vote of the unit owners.
321	Except as provided in paragraph (d), a after January 1, 1992, no
322	proxy, limited or general, may not shall be used in the election
323	of board members. General proxies may be used for other matters
324	for which limited proxies are not required, and may also be used
325	in voting for nonsubstantive changes to items for which a
326	limited proxy is required and given. Notwithstanding the
327	provisions of this subparagraph, unit owners may vote in person
328	at unit owner meetings. This subparagraph does not Nothing
329	contained herein shall limit the use of general proxies or
330	require the use of limited proxies for any agenda item or
331	election at any meeting of a timeshare condominium association.
332	3.  Any proxy given is shall be effective only for the
333	specific meeting for which originally given and any lawfully
334	adjourned meetings thereof. A In no event shall any proxy is not
335	be valid for a period longer than 90 days after the date of the
336	first meeting for which it was given. Every proxy is revocable
337	at any time at the pleasure of the unit owner executing it.
338	4.  A member of the board of administration or a committee
339	may submit in writing his or her agreement or disagreement with
340	any action taken at a meeting that the member did not attend.
341	This agreement or disagreement may not be used as a vote for or
342	against the action taken or to create and may not be used for
343	the purposes of creating a quorum.
344	5.  If When any of the board or committee members meet by
345	telephone conference, those board or committee members attending
346	by telephone conference may be counted toward obtaining a quorum
347	and may vote by telephone. A telephone speaker must be used so
348	that the conversation of those board or committee members
349	attending by telephone may be heard by the board or committee
350	members attending in person as well as by any unit owners
351	present at a meeting.
352	(c)  Board of administration meetings.-Meetings of the
353	board of administration at which a quorum of the members is
354	present are shall be open to all unit owners. A Any unit owner
355	may tape record or videotape the meetings of the board of
356	administration. The right to attend such meetings includes the
357	right to speak at such meetings with reference to all designated
358	agenda items. The division shall adopt reasonable rules
359	governing the tape recording and videotaping of the meeting. The
360	association may adopt written reasonable rules governing the
361	frequency, duration, and manner of unit owner statements.
362	1.  Adequate notice of all board meetings, which must
363	notice shall specifically identify all incorporate an
364	identification of agenda items, must shall be posted
365	conspicuously on the condominium property at least 48 continuous
366	hours before preceding the meeting except in an emergency. If 20
367	percent of the voting interests petition the board to address an
368	item of business, the board shall at its next regular board
369	meeting or at a special meeting of the board, but not later than
370	60 days after the receipt of the petition, shall place the item
371	on the agenda. Any item not included on the notice may be taken
372	up on an emergency basis by at least a majority plus one of the
373	board members of the board. Such emergency action must shall be
374	noticed and ratified at the next regular board meeting of the
375	board. However, written notice of any meeting at which
376	nonemergency special assessments, or at which amendment to rules
377	regarding unit use, will be considered must shall be mailed,
378	delivered, or electronically transmitted to the unit owners and
379	posted conspicuously on the condominium property at least not
380	less than 14 days before prior to the meeting. Evidence of
381	compliance with this 14-day notice requirement must shall be
382	made by an affidavit executed by the person providing the notice
383	and filed with among the official records of the association.
384	Upon notice to the unit owners, the board shall, by duly adopted
385	rule, designate a specific location on the condominium property
386	or association property where upon which all notices of board
387	meetings are to shall be posted. If there is no condominium
388	property or association property where upon which notices can be
389	posted, notices of board meetings shall be mailed, delivered, or
390	electronically transmitted at least 14 days before the meeting
391	to the owner of each unit. In lieu of or in addition to the
392	physical posting of the notice of any meeting of the board of
393	administration on the condominium property, the association may,
394	by reasonable rule, adopt a procedure for conspicuously posting
395	and repeatedly broadcasting the notice and the agenda on a
396	closed-circuit cable television system serving the condominium
397	association. However, if broadcast notice is used in lieu of a
398	notice posted physically posted on the condominium property, the
399	notice and agenda must be broadcast at least four times every
400	broadcast hour of each day that a posted notice is otherwise
401	required under this section. If When broadcast notice is
402	provided, the notice and agenda must be broadcast in a manner
403	and for a sufficient continuous length of time so as to allow an
404	average reader to observe the notice and read and comprehend the
405	entire content of the notice and the agenda. Notice of any
406	meeting in which regular or special assessments against unit
407	owners are to be considered for any reason must shall
408	specifically state that assessments will be considered and
409	provide the nature, estimated cost, and description of the
410	purposes for such assessments.
411	2.  Meetings of a committee to take final action on behalf
412	of the board or make recommendations to the board regarding the
413	association budget are subject to the provisions of this
414	paragraph. Meetings of a committee that does not take final
415	action on behalf of the board or make recommendations to the
416	board regarding the association budget are subject to the
417	provisions of this section, unless those meetings are exempted
418	from this section by the bylaws of the association.
419	3.  Notwithstanding any other law, the requirement that
420	board meetings and committee meetings be open to the unit owners
421	does not apply is inapplicable to:
422	a.  Meetings between the board or a committee and the
423	association's attorney, with respect to proposed or pending
424	litigation, if when the meeting is held for the purpose of
425	seeking or rendering legal advice; or
426	b.  Board meetings held for the purpose of discussing
427	personnel matters.
428	(d)  Unit owner meetings.-
429	1.  An annual meeting of the unit owners shall be held at
430	the location provided in the association bylaws and, if the
431	bylaws are silent as to the location, the meeting shall be held
432	within 45 miles of the condominium property. However, such
433	distance requirement does not apply to an association governing
434	a timeshare condominium.
435	2.  Unless the bylaws provide otherwise, a vacancy on the
436	board caused by the expiration of a director's term shall be
437	filled by electing a new board member, and the election must be
438	by secret ballot. An election is not required However, if the
439	number of vacancies equals or exceeds the number of candidates,
440	an election is not required. For purposes of this paragraph, the
441	term "candidate" means an eligible person who has timely
442	submitted the written notice, as described in sub-subparagraph
443	4.a., of his or her intention to become a candidate. Except in a
444	timeshare condominium, or if the staggered term of a board
445	member does not expire until a later annual meeting, or if all
446	members terms would otherwise expire but there are no
447	candidates, the terms of all board members of the board expire
448	at the annual meeting, and such board members may stand for
449	reelection unless prohibited otherwise permitted by the bylaws.
450	If the bylaws permit staggered terms of no more than 2 years and
451	upon approval of a majority of the total voting interests, the
452	association board members may serve 2-year staggered terms. If
453	the number of board members whose terms expire at the annual
454	meeting equals or have expired exceeds the number of candidates,
455	the candidates become members of the board effective upon the
456	adjournment of the annual meeting. Unless the bylaws provide
457	otherwise, any remaining vacancies shall be filled by the
458	affirmative vote of the majority of the directors making up the
459	newly constituted board even if the directors constitute less
460	than a quorum or there is only one director eligible members
461	showing interest in or demonstrating an intention to run for the
462	vacant positions, each board member whose term has expired is
463	eligible for reappointment to the board of administration and
464	need not stand for reelection. In a condominium association of
465	more than 10 units or in a condominium association that does not
466	include timeshare units or timeshare interests, coowners of a
467	unit may not serve as members of the board of directors at the
468	same time unless they own more than one unit or unless there are
469	not enough eligible candidates to fill the vacancies on the
470	board at the time of the vacancy. Any unit owner desiring to be
471	a candidate for board membership must comply with sub-
472	subparagraph 4.a. and must be eligible to serve on the board of
473	directors at the time of the deadline for submitting a notice of
474	intent to run in order to have his or her name listed as a
475	proper candidate on the ballot or to serve on the board 3.a. A
476	person who has been suspended or removed by the division under
477	this chapter, or who is delinquent in the payment of any fee,
478	fine, or special or regular assessment as provided in paragraph
479	(n), is not eligible for board membership. A person who has been
480	convicted of any felony in this state or in a United States
481	District or Territorial Court, or who has been convicted of any
482	offense in another jurisdiction which that would be considered a
483	felony if committed in this state, is not eligible for board
484	membership unless such felon's civil rights have been restored
485	for at least 5 years as of the date on which such person seeks
486	election to the board. The validity of an action by the board is
487	not affected if it is later determined that a board member of
488	the board is ineligible for board membership due to having been
489	convicted of a felony.
490	3.2.  The bylaws must provide the method of calling
491	meetings of unit owners, including annual meetings. Written
492	notice, which must include an agenda, must shall be mailed, hand
493	delivered, or electronically transmitted to each unit owner at
494	least 14 days before the annual meeting, and must be posted in a
495	conspicuous place on the condominium property at least 14
496	continuous days before preceding the annual meeting. Upon notice
497	to the unit owners, the board shall, by duly adopted rule,
498	designate a specific location on the condominium property or
499	association property where upon which all notices of unit owner
500	meetings shall be posted. This requirement does not apply
501	However, if there is no condominium property or association
502	property for posting upon which notices can be posted, this
503	requirement does not apply. In lieu of, or in addition to, the
504	physical posting of meeting notices, the association may, by
505	reasonable rule, adopt a procedure for conspicuously posting and
506	repeatedly broadcasting the notice and the agenda on a closed-
507	circuit cable television system serving the condominium
508	association. However, if broadcast notice is used in lieu of a
509	notice posted physically on the condominium property, the notice
510	and agenda must be broadcast at least four times every broadcast
511	hour of each day that a posted notice is otherwise required
512	under this section. If broadcast notice is provided, the notice
513	and agenda must be broadcast in a manner and for a sufficient
514	continuous length of time so as to allow an average reader to
515	observe the notice and read and comprehend the entire content of
516	the notice and the agenda. Unless a unit owner waives in writing
517	the right to receive notice of the annual meeting, such notice
518	must be hand delivered, mailed, or electronically transmitted to
519	each unit owner. Notice for meetings and notice for all other
520	purposes must be mailed to each unit owner at the address last
521	furnished to the association by the unit owner, or hand
522	delivered to each unit owner. However, if a unit is owned by
523	more than one person, the association must shall provide notice,
524	for meetings and all other purposes, to the that one address
525	that which the developer initially identifies for that purpose
526	and thereafter as one or more of the owners of the unit shall
527	advise the association in writing, or if no address is given or
528	the owners of the unit do not agree, to the address provided on
529	the deed of record. An officer of the association, or the
530	manager or other person providing notice of the association
531	meeting, must shall provide an affidavit or United States Postal
532	Service certificate of mailing, to be included in the official
533	records of the association affirming that the notice was mailed
534	or hand delivered, in accordance with this provision.
535	4.3.  The members of the board shall be elected by written
536	ballot or voting machine. Proxies may not be used in electing
537	the board in general elections or elections to fill vacancies
538	caused by recall, resignation, or otherwise, unless otherwise
539	provided in this chapter.
540	a.  At least 60 days before a scheduled election, the
541	association shall mail, deliver, or electronically transmit,
542	whether by separate association mailing or included in another
543	association mailing, delivery, or transmission, including
544	regularly published newsletters, to each unit owner entitled to
545	a vote, a first notice of the date of the election. Any unit
546	owner or other eligible person desiring to be a candidate for
547	the board must give written notice of his or her intent to be a
548	candidate to the association at least 40 days before a scheduled
549	election. Together with the written notice and agenda as set
550	forth in subparagraph 3. 2., the association shall mail,
551	deliver, or electronically transmit a second notice of the
552	election to all unit owners entitled to vote, together with a
553	ballot that lists all candidates. Upon request of a candidate,
554	an information sheet, no larger than 8 1/2 inches by 11 inches,
555	which must be furnished by the candidate at least 35 days before
556	the election, must be included with the mailing, delivery, or
557	transmission of the ballot, with the costs of mailing, delivery,
558	or electronic transmission and copying to be borne by the
559	association. The association is not liable for the contents of
560	the information sheets prepared by the candidates. In order to
561	reduce costs, the association may print or duplicate the
562	information sheets on both sides of the paper. The division
563	shall by rule establish voting procedures consistent with this
564	sub-subparagraph, including rules establishing procedures for
565	giving notice by electronic transmission and rules providing for
566	the secrecy of ballots. Elections shall be decided by a
567	plurality of those ballots cast. There is no quorum requirement;
568	however, at least 20 percent of the eligible voters must cast a
569	ballot in order to have a valid election of members of the
570	board. A unit owner may not permit any other person to vote his
571	or her ballot, and any ballots improperly cast are invalid. A,
572	provided any unit owner who violates this provision may be fined
573	by the association in accordance with s. 718.303. A unit owner
574	who needs assistance in casting the ballot for the reasons
575	stated in s. 101.051 may obtain such assistance. The regular
576	election must occur on the date of the annual meeting. This sub-
577	subparagraph does not apply to timeshare condominium
578	associations. Notwithstanding this sub-subparagraph, an election
579	is not required unless more candidates file notices of intent to
580	run or are nominated than board vacancies exist.
581	b.  Within 90 days after being elected or appointed to the
582	board, each newly elected or appointed director shall certify in
583	writing to the secretary of the association that he or she has
584	read the association's declaration of condominium, articles of
585	incorporation, bylaws, and current written policies; that he or
586	she will work to uphold such documents and policies to the best
587	of his or her ability; and that he or she will faithfully
588	discharge his or her fiduciary responsibility to the
589	association's members. In lieu of this written certification,
590	within 90 days after being elected or appointed to the board,
591	the newly elected or appointed director may submit a certificate
592	of having satisfactorily completed satisfactory completion of
593	the educational curriculum administered by a division-approved
594	condominium education provider within 1 year before or 90 days
595	after the date of election or appointment. The written
596	certification or educational certificate is valid and does not
597	have to be resubmitted as long as the director serves on the
598	board without interruption. A director who fails to timely file
599	the written certification or educational certificate is
600	suspended from service on the board until he or she complies
601	with this sub-subparagraph. The board may temporarily fill the
602	vacancy during the period of suspension. The secretary shall
603	cause the association to retain a director's written
604	certification or educational certificate for inspection by the
605	members for 5 years after a director's election. Failure to have
606	such written certification or educational certificate on file
607	does not affect the validity of any board action.
608	5.4.  Any approval by unit owners called for by this
609	chapter or the applicable declaration or bylaws, including, but
610	not limited to, the approval requirement in s. 718.111(8), must
611	shall be made at a duly noticed meeting of unit owners and is
612	subject to all requirements of this chapter or the applicable
613	condominium documents relating to unit owner decisionmaking,
614	except that unit owners may take action by written agreement,
615	without meetings, on matters for which action by written
616	agreement without meetings is expressly allowed by the
617	applicable bylaws or declaration or any law statute that
618	provides for such action.
619	6.5.  Unit owners may waive notice of specific meetings if
620	allowed by the applicable bylaws or declaration or any law
621	statute. If authorized by the bylaws, notice of meetings of the
622	board of administration, unit owner meetings, except unit owner
623	meetings called to recall board members under paragraph (j), and
624	committee meetings may be given by electronic transmission to
625	unit owners who consent to receive notice by electronic
626	transmission.
627	7.6.  Unit owners shall have the right to participate in
628	meetings of unit owners with reference to all designated agenda
629	items. However, the association may adopt reasonable rules
630	governing the frequency, duration, and manner of unit owner
631	participation.
632	8.7.  A Any unit owner may tape record or videotape a
633	meeting of the unit owners subject to reasonable rules adopted
634	by the division.
635	9.8.  Unless otherwise provided in the bylaws, any vacancy
636	occurring on the board before the expiration of a term may be
637	filled by the affirmative vote of the majority of the remaining
638	directors, even if the remaining directors constitute less than
639	a quorum, or by the sole remaining director. In the alternative,
640	a board may hold an election to fill the vacancy, in which case
641	the election procedures must conform to the requirements of sub-
642	subparagraph 4.a. 3.a. unless the association governs 10 units
643	or fewer and has opted out of the statutory election process, in
644	which case the bylaws of the association control. Unless
645	otherwise provided in the bylaws, a board member appointed or
646	elected under this section shall fill the vacancy for the
647	unexpired term of the seat being filled. Filling vacancies
648	created by recall is governed by paragraph (j) and rules adopted
649	by the division.
650	10.  This chapter does not limit the use of general or
651	limited proxies, require the use of general or limited proxies,
652	or require the use of a written ballot or voting machine for any
653	agenda item or election at any meeting of a timeshare
654	condominium association.
655
656	Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
657	(d)3.a., an association of 10 or fewer units may, by affirmative
658	vote of a majority of the total voting interests, provide for
659	different voting and election procedures in its bylaws, which
660	vote may be by a proxy specifically delineating the different
661	voting and election procedures. The different voting and
662	election procedures may provide for elections to be conducted by
663	limited or general proxy.
664	Section 4.  Subsection (5) of section 718.113, Florida
665	Statutes, is amended to read:
666	718.113  Maintenance; limitation upon improvement; display
667	of flag; hurricane shutters; display of religious decorations.-
668	(5)  Each board of administration shall adopt hurricane
669	shutter specifications for each building within each condominium
670	operated by the association which shall include color, style,
671	and other factors deemed relevant by the board. All
672	specifications adopted by the board must shall comply with the
673	applicable building code.
674	(a)  The board may, subject to the provisions of s.
675	718.3026, and the approval of a majority of voting interests of
676	the condominium, install hurricane shutters, impact glass or
677	other code-compliant windows, or hurricane protection that
678	complies with or exceeds the applicable building code. However,
679	or both, except that a vote of the owners is not required if the
680	maintenance, repair, and replacement of hurricane shutters,
681	impact glass, or other code-compliant windows or other forms of
682	hurricane protection are the responsibility of the association
683	pursuant to the declaration of condominium. If However, where
684	hurricane protection or laminated glass or window film
685	architecturally designed to function as hurricane protection
686	which complies with or exceeds the current applicable building
687	code has been previously installed, the board may not install
688	hurricane shutters, or other hurricane protection, or impact
689	glass or other code-compliant windows except upon approval by a
690	majority vote of the voting interests.
691	(b)  The association is shall be responsible for the
692	maintenance, repair, and replacement of the hurricane shutters
693	or other hurricane protection authorized by this subsection if
694	such hurricane shutters or other hurricane protection is the
695	responsibility of the association pursuant to the declaration of
696	condominium. If the hurricane shutters or other hurricane
697	protection authorized by this subsection are the responsibility
698	of the unit owners pursuant to the declaration of condominium,
699	the responsibility for the maintenance, repair, and replacement
700	of such items are shall be the responsibility of the unit owner.
701	(c)  The board may operate shutters installed pursuant to
702	this subsection without permission of the unit owners only if
703	where such operation is necessary to preserve and protect the
704	condominium property and association property. The installation,
705	replacement, operation, repair, and maintenance of such shutters
706	in accordance with the procedures set forth in this paragraph
707	are herein shall not be deemed a material alteration to the
708	common elements or association property within the meaning of
709	this section.
710	(d)  Notwithstanding any other provision to the contrary in
711	the condominium documents, if approval is required by the
712	documents, a board may shall not refuse to approve the
713	installation or replacement of hurricane shutters by a unit
714	owner conforming to the specifications adopted by the board.
715	Section 5.  Section 718.114, Florida Statutes, is amended
716	to read:
717	718.114  Association powers.-An association may has the
718	power to enter into agreements, to acquire leaseholds,
719	memberships, and other possessory or use interests in lands or
720	facilities such as country clubs, golf courses, marinas, and
721	other recreational facilities,. It has this power whether or not
722	the lands or facilities are contiguous to the lands of the
723	condominium, if such lands and facilities they are intended to
724	provide enjoyment, recreation, or other use or benefit to the
725	unit owners. All of these leaseholds, memberships, and other
726	possessory or use interests existing or created at the time of
727	recording the declaration must be stated and fully described in
728	the declaration. Subsequent to the recording of the declaration,
729	agreements acquiring these leaseholds, memberships, or other
730	possessory or use interests which are not entered into within 12
731	months following the recording of the declaration are shall be
732	considered a material alteration or substantial addition to the
733	real property that is association property, and the association
734	may not acquire or enter into such agreements acquiring these
735	leaseholds, memberships, or other possessory or use interests
736	except upon a vote of, or written consent by, a majority of the
737	total voting interests or as authorized by the declaration as
738	provided in s. 718.113. The declaration may provide that the
739	rental, membership fees, operations, replacements, and other
740	expenses are common expenses and may impose covenants and
741	restrictions concerning their use and may contain other
742	provisions not inconsistent with this chapter. A condominium
743	association may conduct bingo games as provided in s. 849.0931.
744	Section 6.  Paragraph (b) of subsection (1), subsection
745	(3), paragraph (b) of subsection (5), and subsection (11) of
746	section 718.116, Florida Statutes, are amended to read:
747	718.116  Assessments; liability; lien and priority;
748	interest; collection.-
749	(1)
750	(b)1. The liability of a first mortgagee or its successor
751	or assignees who acquire title to a unit by foreclosure or by
752	deed in lieu of foreclosure for the unpaid assessments that
753	became due before the mortgagee's acquisition of title is
754	limited to the lesser of:
755	a.1.  The unit's unpaid common expenses and regular
756	periodic assessments which accrued or came due during the 12
757	months immediately preceding the acquisition of title and for
758	which payment in full has not been received by the association;
759	or
760	b.2.  One percent of the original mortgage debt. The
761	provisions of this paragraph apply only if the first mortgagee
762	joined the association as a defendant in the foreclosure action.
763	Joinder of the association is not required if, on the date the
764	complaint is filed, the association was dissolved or did not
765	maintain an office or agent for service of process at a location
766	which was known to or reasonably discoverable by the mortgagee.
767	2.  An association, or its successor or assignee, that
768	acquires title to a unit through the foreclosure of its lien for
769	assessments is not liable for any unpaid assessments, late fees,
770	interest, or reasonable attorney's fees and costs that came due
771	before the association's acquisition of title in favor of any
772	other association, as defined in s. 718.103(2) or s. 720.301(9),
773	which holds a superior lien interest on the unit. This
774	subparagraph is intended to clarify existing law.
775	(3)  Assessments and installments on assessments which are
776	not paid when due bear interest at the rate provided in the
777	declaration, from the due date until paid. The This rate may not
778	exceed the rate allowed by law, and, if no rate is provided in
779	the declaration, interest accrues at the rate of 18 percent per
780	year. Also, If provided by the declaration or bylaws, the
781	association may, in addition to such interest, charge an
782	administrative late fee of up to the greater of $25 or 5 percent
783	of each installment of the assessment for each delinquent
784	installment for which the payment is late. Any payment received
785	by an association must be applied first to any interest accrued
786	by the association, then to any administrative late fee, then to
787	any costs and reasonable attorney's fees incurred in collection,
788	and then to the delinquent assessment. The foregoing is
789	applicable notwithstanding any restrictive endorsement,
790	designation, or instruction placed on or accompanying a payment.
791	A late fee is not subject to chapter 687 or s. 718.303(4)(3).
792	(5)
793	(b)  To be valid, a claim of lien must state the
794	description of the condominium parcel, the name of the record
795	owner, the name and address of the association, the amount due,
796	and the due dates. It must be executed and acknowledged by an
797	officer or authorized agent of the association. The lien is not
798	effective longer than 1 year after the claim of lien was
799	recorded unless, within that time, an action to enforce the lien
800	is commenced. The 1-year period is automatically extended for
801	any length of time during which the association is prevented
802	from filing a foreclosure action by an automatic stay resulting
803	from a bankruptcy petition filed by the parcel owner or any
804	other person claiming an interest in the parcel. The claim of
805	lien secures all unpaid assessments that are due and that may
806	accrue after the claim of lien is recorded and through the entry
807	of a final judgment, as well as interest and all reasonable
808	costs and attorney's fees incurred by the association incident
809	to the collection process. Upon payment in full, the person
810	making the payment is entitled to a satisfaction of the lien.
811
812	After notice of contest of lien has been recorded, the clerk of
813	the circuit court shall mail a copy of the recorded notice to
814	the association by certified mail, return receipt requested, at
815	the address shown in the claim of lien or most recent amendment
816	to it and shall certify to the service on the face of the
817	notice. Service is complete upon mailing. After service, the
818	association has 90 days in which to file an action to enforce
819	the lien; and, if the action is not filed within the 90-day
820	period, the lien is void. However, the 90-day period shall be
821	extended for any length of time during which that the
822	association is prevented from filing its action because of an
823	automatic stay resulting from the filing of a bankruptcy
824	petition by the unit owner or by any other person claiming an
825	interest in the parcel.
826	(11)(a)  If the unit is occupied by a tenant and the unit
827	owner is delinquent in paying any monetary obligation due to the
828	association, the association may make a written demand that the
829	tenant pay to the association the subsequent rental payments
830	future monetary obligations related to the condominium unit to
831	the association, and continue to the tenant must make such
832	payments until all monetary obligations of the unit owner
833	related to the unit have been paid in full to the association
834	payment. The demand is continuing in nature and, upon demand,
835	The tenant must pay the monetary obligations to the association
836	until the association releases the tenant or the tenant
837	discontinues tenancy in the unit.
838	1.  The association must provide the tenant a notice, by
839	hand delivery or United States mail, in substantially the
840	following form:
841
842	Pursuant to section 718.116(11), Florida
843	Statutes, the association demands that you pay your
844	rent directly to the condominium association and
845	continue doing so until the association notifies you
846	otherwise.
847	Payment due the condominium association may be in
848	the same form as you paid your landlord and must be
849	sent by United States mail or hand delivery to
850	...(full address)..., payable to ...(name)....
851	Your obligation to pay your rent to the
852	association begins immediately, unless you have
853	already paid rent to your landlord for the current
854	period before receiving this notice. In that case, you
855	must provide the association written proof of your
856	payment within 14 days after receiving this notice and
857	your obligation to pay rent to the association would
858	then begin with the next rental period.
859	Pursuant to section 718.116(11), Florida
860	Statutes, your payment of rent to the association
861	gives you complete immunity from any claim for the
862	rent by your landlord for all amounts timely paid to
863	the association.
864
865	2.  The association must mail written notice to the unit
866	owner of the association's demand that the tenant make payments
867	to the association.
868	3.  The association shall, upon request, provide the tenant
869	with written receipts for payments made.
870	4.  A tenant who acts in good faith in response to a
871	written demand from an association is immune from any claim by
872	from the landlord or unit owner related to the rent timely paid
873	to the association after the association has made written
874	demand.
875	(b)(a)  If the tenant paid prepaid rent to the landlord or
876	unit owner for a given rental period before receiving the demand
877	from the association and provides written evidence to the
878	association of having paid paying the rent to the association
879	within 14 days after receiving the demand, the tenant shall
880	begin making rental payments to the association for the
881	following rental period and shall continue making receive credit
882	for the prepaid rent for the applicable period and must make any
883	subsequent rental payments to the association to be credited
884	against the monetary obligations of the unit owner until the
885	association releases the tenant or the tenant discontinues
886	tenancy in the unit to the association.
887	(c)(b)  The tenant is not liable for increases in the
888	amount of the monetary obligations due unless the tenant was
889	notified in writing of the increase at least 10 days before the
890	date the rent is due. The liability of the tenant may not exceed
891	the amount due from the tenant to the tenant's landlord. The
892	tenant's landlord shall provide the tenant a credit against
893	rents due to the landlord unit owner in the amount of moneys
894	paid to the association under this section.
895	(d)(c)  The association may issue notice notices under s.
896	83.56 and may sue for eviction under ss. 83.59-83.625 as if the
897	association were a landlord under part II of chapter 83 if the
898	tenant fails to pay a required payment to the association after
899	written demand has been made to the tenant. However, the
900	association is not otherwise considered a landlord under chapter
901	83 and specifically has no obligations duties under s. 83.51.
902	(e)(d)  The tenant does not, by virtue of payment of
903	monetary obligations to the association, have any of the rights
904	of a unit owner to vote in any election or to examine the books
905	and records of the association.
906	(f)(e)  A court may supersede the effect of this subsection
907	by appointing a receiver.
908	Section 7.  Subsections (2), (3), (4), and (11), paragraphs
909	(a) and (d) of subsection (12), subsection (14), paragraph (a)
910	of subsection (17), and subsections (18) and (19) of section
911	718.117, Florida Statutes, are amended to read:
912	718.117  Termination of condominium.-
913	(2)  TERMINATION BECAUSE OF ECONOMIC WASTE OR
914	IMPOSSIBILITY.-
915	(a)  Notwithstanding any provision in the declaration, the
916	condominium form of ownership of a property may be terminated by
917	a plan of termination approved by the lesser of the lowest
918	percentage of voting interests necessary to amend the
919	declaration or as otherwise provided in the declaration for
920	approval of termination if:
921	1.  The total estimated cost of construction or repairs
922	necessary to construct the intended improvements or restore the
923	improvements to their former condition or bring them into
924	compliance with applicable laws or regulations exceeds the
925	combined fair market value of the units in the condominium after
926	completion of the construction or repairs; or
927	2.  It becomes impossible to operate or reconstruct a
928	condominium to its prior physical configuration because of land
929	use laws or regulations.
930	(b)  Notwithstanding paragraph (a), a condominium in which
931	75 percent or more of the units are timeshare units may be
932	terminated only pursuant to a plan of termination approved by 80
933	percent of the total voting interests of the association and the
934	holders of 80 percent of the original principal amount of
935	outstanding recorded mortgage liens of timeshare estates in the
936	condominium, unless the declaration provides for a lower voting
937	percentage.
938	(c)  Notwithstanding paragraph (a), a condominium that
939	includes units and timeshare estates where the improvements have
940	been totally destroyed or demolished may be terminated pursuant
941	to a plan of termination proposed by a unit owner upon the
942	filing of a petition in court seeking equitable relief. Within
943	10 days after the filing of a petition as provided in this
944	paragraph and in lieu of the requirements of paragraph (15)(a),
945	the petitioner shall record the proposed plan of termination and
946	mail a copy of the proposed plan and a copy of the petition to:
947	1.  If the association has not been dissolved as a matter
948	of law, each member of the board of directors of the association
949	identified in the most recent annual report filed with the
950	Department of State and the registered agent of the association;
951	2.  The managing entity as defined in s. 721.05(22);
952	3.  Each unit owner and each timeshare estate owner at the
953	address reflected in the official records of the association,
954	or, if the association records cannot be obtained by the
955	petitioner, each unit owner and each timeshare estate owner at
956	the address listed in the office of the tax collector for tax
957	notices; and
958	4.  Each holder of a recorded mortgage lien affecting a
959	unit or timeshare estate at the address appearing on the
960	recorded mortgage or any recorded assignment thereof.
961
962	The association, if it has not been dissolved as a matter of
963	law, acting as class representative, or the managing entity as
964	defined in s. 721.05(22), any unit owner, any timeshare estate
965	owner, or any holder of a recorded mortgage lien affecting a
966	unit or timeshare estate may intervene in the proceedings to
967	contest the proposed plan of termination brought pursuant to
968	this paragraph. The provisions of subsection (9), to the extent
969	inconsistent with this paragraph, and subsection (16) are not
970	applicable to a party contesting a plan of termination under
971	this paragraph. If no party intervenes to contest the proposed
972	plan within 45 days after the filing of the petition, the
973	petitioner may move the court to enter a final judgment to
974	authorize implementation of the plan of termination. If a party
975	timely intervenes to contest the proposed plan, the plan may not
976	be implemented until a final judgment has been entered by the
977	court finding that the proposed plan of termination is fair and
978	reasonable and authorizing implementation of the plan.
979	(3)  OPTIONAL TERMINATION.-Except as provided in subsection
980	(2) or unless the declaration provides for a lower percentage,
981	the condominium form of ownership of the property may be
982	terminated for all or a portion of the condominium property
983	pursuant to a plan of termination approved by at least 80
984	percent of the total voting interests of the condominium if no
985	not more than 10 percent of the total voting interests of the
986	condominium have rejected the plan of termination by negative
987	vote or by providing written objections thereto. This subsection
988	does not apply to condominiums in which 75 percent or more of
989	the units are timeshare units.
990	(4)  EXEMPTION.-A plan of termination is not an amendment
991	subject to s. 718.110(4). In a partial termination, a plan of
992	termination is not an amendment subject to s. 718.110(4) if the
993	ownership share of the common elements of a surviving unit in
994	the condominium remains in the same proportion to the surviving
995	units as it was before the partial termination.
996	(11)  PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
997	TERMINATION.-
998	(a)  The plan of termination may provide that each unit
999	owner retains the exclusive right of possession to the portion
1000	of the real estate which that formerly constituted the unit if,
1001	in which case the plan specifies must specify the conditions of
1002	possession. In a partial termination, the plan of termination as
1003	specified in subsection (10) must also identify the units that
1004	survive the partial termination and provide that such units
1005	remain in the condominium form of ownership pursuant to an
1006	amendment to the declaration of condominium or an amended and
1007	restated declaration. In a partial termination, title to the
1008	surviving units and common elements that remain part of the
1009	condominium property specified in the plan of termination remain
1010	vested in the ownership shown in the public records and do not
1011	vest in the termination trustee.
1012	(b)  In a conditional termination, the plan must specify
1013	the conditions for termination. A conditional plan does not vest
1014	title in the termination trustee until the plan and a
1015	certificate executed by the association with the formalities of
1016	a deed, confirming that the conditions in the conditional plan
1017	have been satisfied or waived by the requisite percentage of the
1018	voting interests, have been recorded. In a partial termination,
1019	the plan does not vest title to the surviving units or common
1020	elements that remain part of the condominium property in the
1021	termination trustee.
1022	(12)  ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
1023	PROPERTY.-
1024	(a)  Unless the declaration expressly provides for the
1025	allocation of the proceeds of sale of condominium property, the
1026	plan of termination must first apportion the proceeds between
1027	the aggregate value of all units and the value of the common
1028	elements, based on their respective fair market values
1029	immediately before the termination, as determined by one or more
1030	independent appraisers selected by the association or
1031	termination trustee. In a partial termination, the aggregate
1032	values of the units and common elements that are being
1033	terminated must be separately determined, and the plan of
1034	termination must specify the allocation of the proceeds of sale
1035	for the units and common elements.
1036	(d)  Liens that encumber a unit shall be transferred to the
1037	proceeds of sale of the condominium property and the proceeds of
1038	sale or other distribution of association property, common
1039	surplus, or other association assets attributable to such unit
1040	in their same priority. In a partial termination, liens that
1041	encumber a unit being terminated must be transferred to the
1042	proceeds of sale of that portion of the condominium property
1043	being terminated which are attributable to such unit. The
1044	proceeds of any sale of condominium property pursuant to a plan
1045	of termination may not be deemed to be common surplus or
1046	association property.
1047	(14)  TITLE VESTED IN TERMINATION TRUSTEE.-If termination
1048	is pursuant to a plan of termination under subsection (2) or
1049	subsection (3), the unit owners' rights and title to as tenants
1050	in common in undivided interests in the condominium property
1051	being terminated vests vest in the termination trustee when the
1052	plan is recorded or at a later date specified in the plan. The
1053	unit owners thereafter become the beneficiaries of the proceeds
1054	realized from the plan of termination as set forth in the plan.
1055	The termination trustee may deal with the condominium property
1056	being terminated or any interest therein if the plan confers on
1057	the trustee the authority to protect, conserve, manage, sell, or
1058	dispose of the condominium property. The trustee, on behalf of
1059	the unit owners, may contract for the sale of real property
1060	being terminated, but the contract is not binding on the unit
1061	owners until the plan is approved pursuant to subsection (2) or
1062	subsection (3).
1063	(17)  DISTRIBUTION.-
1064	(a)  Following termination of the condominium, the
1065	condominium property, association property, common surplus, and
1066	other assets of the association shall be held by the termination
1067	trustee pursuant to the plan of termination, as trustee for unit
1068	owners and holders of liens on the units, in their order of
1069	priority unless otherwise set forth in the plan of termination.
1070	(18)  ASSOCIATION STATUS.-The termination of a condominium
1071	does not change the corporate status of the association that
1072	operated the condominium property. The association continues to
1073	exist to conclude its affairs, prosecute and defend actions by
1074	or against it, collect and discharge obligations, dispose of and
1075	convey its property, and collect and divide its assets, but not
1076	to act except as necessary to conclude its affairs. In a partial
1077	termination, the association may continue as the condominium
1078	association for the property that remains subject to the
1079	declaration of condominium.
1080	(19)  CREATION OF ANOTHER CONDOMINIUM.-The termination or
1081	partial termination of a condominium does not bar the filing of
1082	a new declaration of condominium or an amended and restated
1083	declaration of condominium by the termination trustee, or the
1084	trustee's successor in interest, for the terminated property or
1085	affecting any portion thereof of the same property. The partial
1086	termination of a condominium may provide for the simultaneous
1087	filing of an amendment to the declaration of condominium or an
1088	amended and restated declaration of condominium by the
1089	condominium association for any portion of the property not
1090	terminated from the condominium form of ownership.
1091	Section 8.  Subsections (3), (4), and (5) of section
1092	718.303, Florida Statutes, are amended, and subsection (6) is
1093	added to that section, to read:
1094	718.303  Obligations of owners and occupants; remedies.-
1095	(3)  If a unit owner is delinquent for more than 90 days in
1096	paying a monetary obligation due to the association, the
1097	association may suspend the right of a unit owner or a unit's
1098	occupant, licensee, or invitee to use common elements, common
1099	facilities, or any other association property until the monetary
1100	obligation is paid. This subsection does not apply to limited
1101	common elements intended to be used only by that unit, common
1102	elements that must be used to access the unit, utility services
1103	provided to the unit, parking spaces, or elevators. The
1104	association may also levy reasonable fines for the failure of
1105	the owner of the unit, or its occupant, licensee, or invitee, to
1106	comply with any provision of the declaration, the association
1107	bylaws, or reasonable rules of the association. A fine may does
1108	not become a lien against a unit. A fine may not exceed $100 per
1109	violation. However, A fine may be levied on the basis of each
1110	day of a continuing violation, with a single notice and
1111	opportunity for hearing. However, the fine may not exceed $100
1112	per violation, or $1,000 in the aggregate exceed $1,000.
1113	(a)  An association may suspend, for a reasonable period of
1114	time, the right of a unit owner, or a unit owner's tenant,
1115	guest, or invitee, to use the common elements, common
1116	facilities, or any other association property for failure to
1117	comply with any provision of the declaration, the association
1118	bylaws, or reasonable rules of the association.
1119	(b)  A fine or suspension may not be imposed levied and a
1120	suspension may not be imposed unless the association first
1121	provides at least 14 days' written notice and an opportunity for
1122	a hearing to the unit owner and, if applicable, its occupant,
1123	licensee, or invitee. The hearing must be held before a
1124	committee of other unit owners who are neither board members nor
1125	persons residing in a board member's household. If the committee
1126	does not agree with the fine or suspension, the fine or
1127	suspension may not be levied or imposed.
1128	(4)  If a unit owner is more than 90 days delinquent in
1129	paying a monetary obligation due to the association, the
1130	association may suspend the right of the unit owner or the
1131	unit's occupant, licensee, or invitee to use common elements,
1132	common facilities, or any other association property until the
1133	monetary obligation is paid in full. This subsection does not
1134	apply to limited common elements intended to be used only by
1135	that unit, common elements needed to access the unit, utility
1136	services provided to the unit, parking spaces, or elevators. The
1137	notice and hearing requirements under subsection (3) do not
1138	apply to suspensions imposed under this subsection.
1139	(4)  The notice and hearing requirements of subsection (3)
1140	do not apply to the imposition of suspensions or fines against a
1141	unit owner or a unit's occupant, licensee, or invitee because of
1142	failing to pay any amounts due the association. If such a fine
1143	or suspension is imposed, the association must levy the fine or
1144	impose a reasonable suspension at a properly noticed board
1145	meeting, and after the imposition of such fine or suspension,
1146	the association must notify the unit owner and, if applicable,
1147	the unit's occupant, licensee, or invitee by mail or hand
1148	delivery.
1149	(5)  An association may also suspend the voting rights of a
1150	unit or member due to nonpayment of any monetary obligation due
1151	to the association which is more than 90 days delinquent. A
1152	voting interest or consent right allocated to a unit or member
1153	which has been suspended by the association may not be counted
1154	towards the total number of voting interests necessary to
1155	constitute a quorum, the number of voting interests required to
1156	conduct an election, or the number of voting interests required
1157	to approve an action under this chapter or pursuant to the
1158	declaration, articles of incorporation, or bylaws. The
1159	suspension ends upon full payment of all obligations currently
1160	due or overdue the association. The notice and hearing
1161	requirements under subsection (3) do not apply to a suspension
1162	imposed under this subsection.
1163	(6)  All suspensions imposed pursuant to subsection (4) or
1164	subsection (5) must be approved at a properly noticed board
1165	meeting. Upon approval, the association must notify the unit
1166	owner and, if applicable, the unit's occupant, licensee, or
1167	invitee by mail or hand delivery.
1168	Section 9.  Section 718.703, Florida Statutes, is amended
1169	to read:
1170	718.703  Definitions.-As used in this part, the term:
1171	(1)  "Bulk assignee" means a person who is not a bulk buyer
1172	and who:
1173	(a)  Acquires more than seven condominium parcels in a
1174	single condominium as set forth in s. 718.707; and
1175	(b)  Receives an assignment of any of the developer rights,
1176	other than or in addition to those rights described in
1177	subsection (2), some or all of the rights of the developer as
1178	set forth in the declaration of condominium or this chapter: by
1179	1.  By a written instrument recorded as part of or as an
1180	exhibit to the deed; or as
1181	2.  By a separate instrument recorded in the public records
1182	of the county in which the condominium is located; or
1183	3.  Pursuant to a final judgment or certificate of title
1184	issued in favor of a purchaser at a foreclosure sale.
1185
1186	A mortgagee or its assignee may not be deemed a bulk assignee or
1187	a developer by reason of the acquisition of condominium units
1188	and receipt of an assignment of some or all of a developer
1189	rights unless the mortgagee or its assignee exercises any of the
1190	developer rights other than those described in subsection (2).
1191	(2)  "Bulk buyer" means a person who acquires more than
1192	seven condominium parcels in a single condominium as set forth
1193	in s. 718.707, but who does not receive an assignment of any
1194	developer rights, or receives only some or all of the following
1195	rights: other than
1196	(a)  The right to conduct sales, leasing, and marketing
1197	activities within the condominium;
1198	(b)  The right to be exempt from the payment of working
1199	capital contributions to the condominium association arising out
1200	of, or in connection with, the bulk buyer's acquisition of the a
1201	bulk number of units; and
1202	(c)  The right to be exempt from any rights of first
1203	refusal which may be held by the condominium association and
1204	would otherwise be applicable to subsequent transfers of title
1205	from the bulk buyer to a third party purchaser concerning one or
1206	more units.
1207	Section 10.  Section 718.704, Florida Statutes, is amended
1208	to read:
1209	718.704  Assignment and assumption of developer rights by
1210	bulk assignee; bulk buyer.-
1211	(1)  A bulk assignee is deemed to have assumed assumes and
1212	is liable for all duties and responsibilities of the developer
1213	under the declaration and this chapter upon its acquisition of
1214	title to units and continuously thereafter, except that it is
1215	not liable for:
1216	(a)  Warranties of the developer under s. 718.203(1) or s.
1217	718.618, except as expressly provided by the bulk assignee in a
1218	prospectus or offering circular, or the contract for purchase
1219	and sale executed with a purchaser, or for design, construction,
1220	development, or repair work performed by or on behalf of the
1221	such bulk assignee.;
1222	(b)  The obligation to:
1223	1.  Fund converter reserves under s. 718.618 for a unit
1224	that was not acquired by the bulk assignee; or
1225	2.  Provide implied converter warranties on any portion of
1226	the condominium property except as expressly provided by the
1227	bulk assignee in a prospectus or offering circular, or the
1228	contract for purchase and sale executed with a purchaser, or for
1229	and pertaining to any design, construction, development, or
1230	repair work performed by or on behalf of the bulk assignee.;
1231	(c)  The requirement to provide the association with a
1232	cumulative audit of the association's finances from the date of
1233	formation of the condominium association as required by s.
1234	718.301(4)(c). However, the bulk assignee must provide an audit
1235	for the period during which the bulk assignee elects or appoints
1236	a majority of the members of the board of administration.;
1237	(d)  Any liability arising out of or in connection with
1238	actions taken by the board of administration or the developer-
1239	appointed directors before the bulk assignee elects or appoints
1240	a majority of the members of the board of administration.; and
1241	(e)  Any liability for or arising out of the developer's
1242	failure to fund previous assessments or to resolve budgetary
1243	deficits in relation to a developer's right to guarantee
1244	assessments, except as otherwise provided in subsection (2).
1245
1246	The bulk assignee is also responsible only for delivering
1247	documents and materials in accordance with s. 718.705(3). A bulk
1248	assignee may expressly assume some or all of the developer
1249	obligations of the developer described in paragraphs (a)-(e).
1250	(2)  A bulk assignee assigned the developer right receiving
1251	the assignment of the rights of the developer to guarantee the
1252	level of assessments and fund budgetary deficits pursuant to s.
1253	718.116 assumes and is liable for all obligations of the
1254	developer with respect to such guarantee upon its acquisition of
1255	title to the units and continuously thereafter, including any
1256	applicable funding of reserves to the extent required by law,
1257	for as long as the guarantee remains in effect. A bulk assignee
1258	not receiving such assignment, or a bulk buyer, does not assume
1259	and is not liable for the obligations of the developer with
1260	respect to such guarantee, but is responsible for payment of
1261	assessments due on or after acquisition of the units in the same
1262	manner as all other owners of condominium parcels or as
1263	otherwise provided in s. 718.116.
1264	(3)  A bulk buyer is liable for the duties and
1265	responsibilities of a the developer under the declaration and
1266	this chapter only to the extent that such provided in this part,
1267	together with any other duties or responsibilities are of the
1268	developer expressly assumed in writing by the bulk buyer.
1269	(4)  An acquirer of condominium parcels is not a bulk
1270	assignee or a bulk buyer if the transfer to such acquirer was
1271	made:
1272	(a)  Before the effective date of this part;
1273	(b)  With the intent to hinder, delay, or defraud any
1274	purchaser, unit owner, or the association;, or if the acquirer
1275	is
1276	(c)  By a person who would be considered an insider under
1277	s. 726.102(7).
1278	(5)  An assignment of developer rights to a bulk assignee
1279	may be made by a the developer, a previous bulk assignee, a
1280	mortgagee or assignee who has acquired title to the units and
1281	received an assignment of rights, or a court acting on behalf of
1282	the developer or the previous bulk assignee if such developer
1283	rights are held by the predecessor in title to the bulk
1284	assignee. At any particular time, there may not be no more than
1285	one bulk assignee within a condominium; however, but there may
1286	be more than one bulk buyer. If more than one acquirer of
1287	condominium parcels in the same condominium receives an
1288	assignment of developer rights in addition to those rights
1289	described in s. 718.703(2) from the same person, the bulk
1290	assignee is the acquirer whose instrument of assignment is
1291	recorded first in the public records of the county in which the
1292	condominium is located, and any subsequent purported bulk
1293	assignee may still qualify as a bulk buyer.
1294	Section 11.  Subsections (1) and (3) of section 718.705,
1295	Florida Statutes, are amended to read:
1296	718.705  Board of administration; transfer of control.-
1297	(1)  If, at the time the bulk assignee acquires title to
1298	the units and receives an assignment of developer rights, the
1299	developer has not relinquished control of the board of
1300	administration, for purposes of determining the timing for
1301	transfer of control of the board of administration of the
1302	association to unit owners other than the developer under s.
1303	718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
1304	majority of the members of the board, a condominium parcel
1305	acquired by the bulk assignee is not deemed to be conveyed to a
1306	purchaser, or owned by an owner other than the developer, until
1307	the condominium parcel is conveyed to an owner who is not a bulk
1308	assignee.
1309	(3)  If a bulk assignee relinquishes control of the board
1310	of administration as set forth in s. 718.301, the bulk assignee
1311	must deliver all of those items required by s. 718.301(4).
1312	However, the bulk assignee is not required to deliver items and
1313	documents not in the possession of the bulk assignee if some
1314	items were or should have been in existence before the bulk
1315	assignee's acquisition of the units during the period during
1316	which the bulk assignee was entitled to elect at least a
1317	majority of the members of the board of administration. In
1318	conjunction with the acquisition of units condominium parcels, a
1319	bulk assignee shall undertake a good faith effort to obtain the
1320	documents and materials that must be provided to the association
1321	pursuant to s. 718.301(4). If the bulk assignee is not able to
1322	obtain all of such documents and materials, the bulk assignee
1323	must certify in writing to the association the names or
1324	descriptions of the documents and materials that were not
1325	obtainable by the bulk assignee. Delivery of the certificate
1326	relieves the bulk assignee of responsibility for delivering the
1327	documents and materials referenced in the certificate as
1328	otherwise required under ss. 718.112 and 718.301 and this part.
1329	The responsibility of the bulk assignee for the audit required
1330	by s. 718.301(4) commences as of the date on which the bulk
1331	assignee elected or appointed a majority of the members of the
1332	board of administration.
1333	Section 12.  Section 718.706, Florida Statutes, is amended
1334	to read:
1335	718.706  Specific provisions pertaining to offering of
1336	units by a bulk assignee or bulk buyer.-
1337	(1)  Before offering more than seven any units in a single
1338	condominium for sale or for lease for a term exceeding 5 years,
1339	a bulk assignee or a bulk buyer must file the following
1340	documents with the division and provide such documents to a
1341	prospective purchaser or tenant:
1342	(a)  An updated prospectus or offering circular, or a
1343	supplement to the prospectus or offering circular, filed by the
1344	original developer prepared in accordance with s. 718.504, which
1345	must include the form of contract for sale and for lease in
1346	compliance with s. 718.503(2);
1347	(b)  An updated Frequently Asked Questions and Answers
1348	sheet;
1349	(c)  The executed escrow agreement if required under s.
1350	718.202; and
1351	(d)  The financial information required by s. 718.111(13).
1352	However, if a financial information report did does not exist
1353	for the fiscal year before the acquisition of title by the bulk
1354	assignee or bulk buyer, and if or accounting records that cannot
1355	be obtained in good faith by the bulk assignee or the bulk buyer
1356	which would permit preparation of the required financial
1357	information report for that period cannot be obtained despite
1358	good faith efforts by the bulk assignee or the bulk buyer, the
1359	bulk assignee or bulk buyer is excused from the requirement of
1360	this paragraph. However, the bulk assignee or bulk buyer must
1361	include in the purchase contract the following statement in
1362	conspicuous type:
1363
1364	ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
1365	REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
1366	BEFORE THE SELLER'S ACQUISITION OF THE UNIT
1367	IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
1368	IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
1369	GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
1370	INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
1371
1372	(2)  Before offering more than seven any units in a single
1373	condominium for sale or for lease for a term exceeding 5 years,
1374	a bulk assignee or a bulk buyer must file with the division and
1375	provide to a prospective purchaser or tenant under a lease for a
1376	term exceeding 5 years a disclosure statement that includes, but
1377	is not limited to:
1378	(a)  A description of any rights of the developer rights
1379	that developer which have been assigned to the bulk assignee or
1380	bulk buyer;
1381	(b)  The following statement in conspicuous type:
1382
1383	THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
1384	DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
1385	APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
1386	DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
1387	OF THE SELLER; and
1388
1389	(c)  If the condominium is a conversion subject to part VI,
1390	the following statement in conspicuous type:
1391
1392	THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
1393	RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
1394	718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
1395	EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
1396	THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
1397	SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
1398	ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
1399	PERFORMED BY OR ON BEHALF OF THE SELLER.
1400
1401	(3)  A bulk assignee, while it is in control of the board
1402	of administration of the association, may not authorize, on
1403	behalf of the association:
1404	(a)  The waiver of reserves or the reduction of funding of
1405	the reserves pursuant to s. 718.112(2)(f)2., unless approved by
1406	a majority of the voting interests not controlled by the
1407	developer, bulk assignee, and bulk buyer; or
1408	(b)  The use of reserve expenditures for other purposes
1409	pursuant to s. 718.112(2)(f)3., unless approved by a majority of
1410	the voting interests not controlled by the developer, bulk
1411	assignee, and bulk buyer.
1412	(4)  A bulk assignee or a bulk buyer must comply with all
1413	the requirements of s. 718.302 regarding any contracts entered
1414	into by the association during the period the bulk assignee or
1415	bulk buyer maintains control of the board of administration.
1416	Unit owners shall be provided afforded all of the rights and the
1417	protections contained in s. 718.302 regarding agreements entered
1418	into by the association which are under the control of before
1419	unit owners other than the developer, bulk assignee, or bulk
1420	buyer elected a majority of the board of administration.
1421	(5)  Notwithstanding any other provision of this part, a
1422	bulk assignee or a bulk buyer is not required to comply with the
1423	filing or disclosure requirements of subsections (1) and (2) if
1424	all of the units owned by the bulk assignee or bulk buyer are
1425	offered and conveyed to a single purchaser in a single
1426	transaction. A bulk buyer must comply with the requirements
1427	contained in the declaration regarding any transfer of a unit,
1428	including sales, leases, and subleases. A bulk buyer is not
1429	entitled to any exemptions afforded a developer or successor
1430	developer under this chapter regarding the transfer of a unit,
1431	including sales, leases, or subleases.
1432	Section 13.  Section 718.707, Florida Statutes, is amended
1433	to read:
1434	718.707  Time limitation for classification as bulk
1435	assignee or bulk buyer.-A person acquiring condominium parcels
1436	may not be classified as a bulk assignee or bulk buyer unless
1437	the condominium parcels were acquired on or after July 1, 2010,
1438	but before July 1, 2012. The date of such acquisition shall be
1439	determined by the date of recording of a deed or other
1440	instrument of conveyance for such parcels in the public records
1441	of the county in which the condominium is located, or by the
1442	date of issuing issuance of a certificate of title in a
1443	foreclosure proceeding with respect to such condominium parcels.
1444	Section 14.  Subsections (3), (4), and (10) of section
1445	719.108, Florida Statutes, are amended to read:
1446	719.108  Rents and assessments; liability; lien and
1447	priority; interest; collection; cooperative ownership.-
1448	(3)  Rents and assessments, and installments on them, not
1449	paid when due bear interest at the rate provided in the
1450	cooperative documents from the date due until paid. This rate
1451	may not exceed the rate allowed by law, and, if a rate is not
1452	provided in the cooperative documents, interest accrues at 18
1453	percent per annum. If the cooperative documents or bylaws so
1454	provide, the association may charge an administrative late fee
1455	in addition to such interest, in an amount not to exceed the
1456	greater of $25 or 5 percent of each installment of the
1457	assessment for each delinquent installment that the payment is
1458	late. Any payment received by an association must be applied
1459	first to any interest accrued by the association, then to any
1460	administrative late fee, then to any costs and reasonable
1461	attorney's fees incurred in collection, and then to the
1462	delinquent assessment. The foregoing applies notwithstanding any
1463	restrictive endorsement, designation, or instruction placed on
1464	or accompanying a payment. A late fee is not subject to chapter
1465	687 or s. 719.303(4)(3).
1466	(4)  The association has a lien on each cooperative parcel
1467	for any unpaid rents and assessments, plus interest, and any
1468	authorized administrative late fees, and any reasonable costs
1469	for collection services for which the association has contracted
1470	against the unit owner of the cooperative parcel. If authorized
1471	by the cooperative documents, the lien also secures reasonable
1472	attorney's fees incurred by the association incident to the
1473	collection of the rents and assessments or enforcement of such
1474	lien. The lien is effective from and after recording a claim of
1475	lien in the public records in the county in which the
1476	cooperative parcel is located which states the description of
1477	the cooperative parcel, the name of the unit owner, the amount
1478	due, and the due dates. The lien expires if a claim of lien is
1479	not filed within 1 year after the date the assessment was due,
1480	and the lien does not continue for longer than 1 year after the
1481	claim of lien has been recorded unless, within that time, an
1482	action to enforce the lien is commenced. Except as otherwise
1483	provided in this chapter, a lien may not be filed by the
1484	association against a cooperative parcel until 30 days after the
1485	date on which a notice of intent to file a lien has been
1486	delivered to the owner.
1487	(a)  The notice must be sent to the unit owner at the
1488	address of the unit by first-class United States mail and:
1489	1.  If the most recent address of the unit owner on the
1490	records of the association is the address of the unit, the
1491	notice must be sent by registered or certified mail, return
1492	receipt requested, to the unit owner at the address of the unit.
1493	2.  If the most recent address of the unit owner on the
1494	records of the association is in the United States, but is not
1495	the address of the unit, the notice must be sent by registered
1496	or certified mail, return receipt requested, to the unit owner
1497	at his or her most recent address.
1498	3.  If the most recent address of the unit owner on the
1499	records of the association is not in the United States, the
1500	notice must be sent by first-class United States mail to the
1501	unit owner at his or her most recent address.
1502	(b)  A notice that is sent pursuant to this subsection is
1503	deemed delivered upon mailing.
1504	(10)(a)  If the unit is occupied by a tenant and the unit
1505	owner is delinquent in paying any monetary obligation due to the
1506	association, the association may make a written demand that the
1507	tenant pay to the association the subsequent rental payments
1508	future monetary obligations related to the cooperative share to
1509	the association and continue to the tenant must make such
1510	payments until all monetary obligations of the unit owner
1511	related to the unit have been paid in full to the association
1512	payment. The demand is continuing in nature, and upon demand,
1513	The tenant must pay the monetary obligations to the association
1514	until the association releases the tenant or the tenant
1515	discontinues tenancy in the unit.
1516	1.  The association must provide the tenant a notice, by
1517	hand delivery or United States mail, in substantially the
1518	following form:
1519
1520	Pursuant to section 719.108(10), Florida
1521	Statutes, we demand that you make your rent payments
1522	directly to the cooperative association and continue
1523	doing so until the association notifies you otherwise.
1524	Payment due the cooperative association may be in
1525	the same form as you paid your landlord and must be
1526	sent by United States mail or hand delivery to
1527	...(full address)..., payable to ...(name)....
1528	Your obligation to pay your rent to the
1529	association begins immediately, unless you have
1530	already paid rent to your landlord for the current
1531	period before receiving this notice. In that case, you
1532	must provide the association written proof of your
1533	payment within 14 days after receiving this notice and
1534	your obligation to pay rent to the association would
1535	then begin with the next rental period.
1536	Pursuant to section 719.108(10), Florida
1537	Statutes, your payment of rent to the association
1538	gives you complete immunity from any claim for the
1539	rent by your landlord.
1540
1541	2.  The association must mail written notice to the unit
1542	owner of the association's demand that the tenant make payments
1543	to the association.
1544	3.  The association shall, upon request, provide the tenant
1545	with written receipts for payments made.
1546	4.  A tenant who acts in good faith in response to a
1547	written demand from an association is immune from any claim by
1548	from the landlord or unit owner related to the rent timely paid
1549	to the association after the association has made written
1550	demand.
1551	(b)(a)  If the tenant paid prepaid rent to the landlord or
1552	unit owner for a given rental period before receiving the demand
1553	from the association and provides written evidence to the
1554	association of having paid paying the rent to the association
1555	within 14 days after receiving the demand, the tenant shall
1556	begin making rental payments to the association for the
1557	following rental period and shall continue making receive credit
1558	for the prepaid rent for the applicable period and must make any
1559	subsequent rental payments to the association to be credited
1560	against the monetary obligations of the unit owner until the
1561	association releases the tenant or the tenant discontinues
1562	tenancy in the unit to the association.
1563	(c)(b)  The tenant is not liable for increases in the
1564	amount of the regular monetary obligations due unless the tenant
1565	was notified in writing of the increase at least 10 days before
1566	the date on which the rent is due. The liability of the tenant
1567	may not exceed the amount due from the tenant to the tenant's
1568	landlord. The tenant's landlord shall provide the tenant a
1569	credit against rents due to the landlord unit owner in the
1570	amount of moneys paid to the association under this section.
1571	(d)(c)  The association may issue notice notices under s.
1572	83.56 and may sue for eviction under ss. 83.59-83.625 as if the
1573	association were a landlord under part II of chapter 83 if the
1574	tenant fails to pay a required payment to the association after
1575	written demand has been made to the tenant. However, the
1576	association is not otherwise considered a landlord under chapter
1577	83 and specifically has no obligations duties under s. 83.51.
1578	(e)(d)  The tenant does not, by virtue of payment of
1579	monetary obligations to the association, have any of the rights
1580	of a unit owner to vote in any election or to examine the books
1581	and records of the association.
1582	(f)(e)  A court may supersede the effect of this subsection
1583	by appointing a receiver.
1584	Section 15.  Subsection (3) of section 719.303, Florida
1585	Statutes, is amended, and subsections (4), (5), and (6) are
1586	added to that section, to read:
1587	719.303  Obligations of owners.-
1588	(3)  If the cooperative documents so provide, The
1589	association may levy reasonable fines against a unit owner for
1590	failure of the unit owner or the unit's occupant, his or her
1591	licensee, or invitee or the unit's occupant to comply with any
1592	provision of the cooperative documents or reasonable rules of
1593	the association. A fine may not No fine shall become a lien
1594	against a unit. No fine shall exceed $100 per violation.
1595	However, A fine may be levied on the basis of each day of a
1596	continuing violation, with a single notice and opportunity for
1597	hearing. However, the fine may not exceed $100 per violation, or
1598	$1,000 provided that no such fine shall in the aggregate exceed
1599	$1,000.
1600	(a)  An association may suspend, for a reasonable period of
1601	time, the right of a unit owner, or a unit owner's tenant,
1602	guest, or invitee, to use the common elements, common
1603	facilities, or any other association property for failure to
1604	comply with any provision of the cooperative documents or
1605	reasonable rules of the association.
1606	(b)  A No fine or suspension may not be imposed levied
1607	except after giving reasonable notice and opportunity for a
1608	hearing to the unit owner and, if applicable, the unit's his or
1609	her licensee or invitee. The hearing must shall be held before a
1610	committee of other unit owners. If the committee does not agree
1611	with the fine or suspension, it may shall not be imposed levied.
1612	This subsection does not apply to unoccupied units.
1613	(4)  If a unit owner is more than 90 days delinquent in
1614	paying a monetary obligation due to the association, the
1615	association may suspend the right of the unit owner or the
1616	unit's occupant, licensee, or invitee to use common elements,
1617	common facilities, or any other association property until the
1618	monetary obligation is paid in full. This subsection does not
1619	apply to limited common elements intended to be used only by
1620	that unit, common elements needed to access the unit, utility
1621	services provided to the unit, parking spaces, or elevators. The
1622	notice and hearing requirements under subsection (3) do not
1623	apply to suspensions imposed under this subsection.
1624	(5)  An association may suspend the voting rights of a unit
1625	or member due to nonpayment of any monetary obligation due to
1626	the association which is more than 90 days delinquent. A voting
1627	interest or consent right allocated to a unit or member which
1628	has been suspended by the association may not be counted towards
1629	the total number of voting interests for any purpose, including,
1630	but not limited to, the number of voting interests necessary to
1631	constitute a quorum, the number of voting interests required to
1632	conduct an election, or the number of voting interests required
1633	to approve an action under this chapter or pursuant to the
1634	cooperative documents, articles of incorporation, or bylaws. The
1635	suspension ends upon full payment of all obligations currently
1636	due or overdue the association. The notice and hearing
1637	requirements under subsection (3) do not apply to a suspension
1638	imposed under this subsection.
1639	(6)  All suspensions imposed pursuant to subsection (4) or
1640	subsection (5) must be approved at a properly noticed board
1641	meeting. Upon approval, the association must notify the unit
1642	owner and, if applicable, the unit's occupant, licensee, or
1643	invitee by mail or hand delivery.
1644	Section 16.  Subsection (4) of section 720.301, Florida
1645	Statutes, is amended to read:
1646	720.301  Definitions.-As used in this chapter, the term:
1647	(4)  "Declaration of covenants," or "declaration," means a
1648	recorded written instrument or instruments in the nature of
1649	covenants running with the land which subject subjects the land
1650	comprising the community to the jurisdiction and control of an
1651	association or associations in which the owners of the parcels,
1652	or their association representatives, must be members.
1653	Section 17.  Paragraph (b) of subsection (2) and paragraph
1654	(c) of subsection (5) of section 720.303, Florida Statutes, are
1655	amended to read:
1656	720.303  Association powers and duties; meetings of board;
1657	official records; budgets; financial reporting; association
1658	funds; recalls.-
1659	(2)  BOARD MEETINGS.-
1660	(b)  Members have the right to attend all meetings of the
1661	board and to speak on any matter placed on the agenda by
1662	petition of the voting interests for at least 3 minutes. The
1663	right to attend such meetings includes the right to speak at
1664	such meetings with reference to all designated items. The
1665	association may adopt written reasonable rules expanding the
1666	right of members to speak and governing the frequency, duration,
1667	and other manner of member statements, which rules must be
1668	consistent with this paragraph and may include a sign-up sheet
1669	for members wishing to speak. Notwithstanding any other law,
1670	meetings between the board or a committee and the association's
1671	attorney to discuss proposed or pending litigation or meetings
1672	of the board held for the purpose of discussing personnel
1673	matters are not required to be open to the members other than
1674	directors.
1675	(5)  INSPECTION AND COPYING OF RECORDS.-The official
1676	records shall be maintained within the state and must be open to
1677	inspection and available for photocopying by members or their
1678	authorized agents at reasonable times and places within 10
1679	business days after receipt of a written request for access.
1680	This subsection may be complied with by having a copy of the
1681	official records available for inspection or copying in the
1682	community. If the association has a photocopy machine available
1683	where the records are maintained, it must provide parcel owners
1684	with copies on request during the inspection if the entire
1685	request is limited to no more than 25 pages.
1686	(c)  The association may adopt reasonable written rules
1687	governing the frequency, time, location, notice, records to be
1688	inspected, and manner of inspections, but may not require a
1689	parcel owner to demonstrate any proper purpose for the
1690	inspection, state any reason for the inspection, or limit a
1691	parcel owner's right to inspect records to less than one 8-hour
1692	business day per month. The association may impose fees to cover
1693	the costs of providing copies of the official records,
1694	including, without limitation, the costs of copying. The
1695	association may charge up to 50 cents per page for copies made
1696	on the association's photocopier. If the association does not
1697	have a photocopy machine available where the records are kept,
1698	or if the records requested to be copied exceed 25 pages in
1699	length, the association may have copies made by an outside
1700	vendor or association management company personnel and may
1701	charge the actual cost of copying, including any reasonable
1702	costs involving personnel fees and charges at an hourly rate for
1703	vendor or employee time to cover administrative costs to the
1704	vendor or association. The association shall maintain an
1705	adequate number of copies of the recorded governing documents,
1706	to ensure their availability to members and prospective members.
1707	Notwithstanding this paragraph, the following records are not
1708	accessible to members or parcel owners:
1709	1.  Any record protected by the lawyer-client privilege as
1710	described in s. 90.502 and any record protected by the work-
1711	product privilege, including, but not limited to, a any record
1712	prepared by an association attorney or prepared at the
1713	attorney's express direction which reflects a mental impression,
1714	conclusion, litigation strategy, or legal theory of the attorney
1715	or the association and which was prepared exclusively for civil
1716	or criminal litigation or for adversarial administrative
1717	proceedings or which was prepared in anticipation of such
1718	imminent civil or criminal litigation or imminent adversarial
1719	administrative proceedings until the conclusion of the
1720	litigation or administrative proceedings.
1721	2.  Information obtained by an association in connection
1722	with the approval of the lease, sale, or other transfer of a
1723	parcel.
1724	3.  Personnel records of the association's employees,
1725	including, but not limited to, disciplinary, payroll, health,
1726	and insurance records. For purposes of this subparagraph, the
1727	term "personnel records" does not include written employment
1728	agreements with an association employee or budgetary or
1729	financial records that indicate the compensation paid to an
1730	association employee.
1731	4.  Medical records of parcel owners or community
1732	residents.
1733	5.  Social security numbers, driver's license numbers,
1734	credit card numbers, electronic mailing addresses, telephone
1735	numbers, facsimile numbers, emergency contact information, any
1736	addresses for a parcel owner other than as provided for
1737	association notice requirements, and other personal identifying
1738	information of any person, excluding the person's name, parcel
1739	designation, mailing address, and property address. However, an
1740	owner may consent in writing to the disclosure of protected
1741	information described in this subparagraph. The association is
1742	not liable for the disclosure of information that is protected
1743	under this subparagraph if the information is included in an
1744	official record of the association and is voluntarily provided
1745	by an owner and not requested by the association.
1746	6.  Any electronic security measure that is used by the
1747	association to safeguard data, including passwords.
1748	7.  The software and operating system used by the
1749	association which allows the manipulation of data, even if the
1750	owner owns a copy of the same software used by the association.
1751	The data is part of the official records of the association.
1752	Section 18.  Section 720.305, Florida Statutes, is amended
1753	to read:
1754	720.305  Obligations of members; remedies at law or in
1755	equity; levy of fines and suspension of use rights.-
1756	(1)  Each member and the member's tenants, guests, and
1757	invitees, and each association, are governed by, and must comply
1758	with, this chapter, the governing documents of the community,
1759	and the rules of the association. Actions at law or in equity,
1760	or both, to redress alleged failure or refusal to comply with
1761	these provisions may be brought by the association or by any
1762	member against:
1763	(a)  The association;
1764	(b)  A member;
1765	(c)  Any director or officer of an association who
1766	willfully and knowingly fails to comply with these provisions;
1767	and
1768	(d)  Any tenants, guests, or invitees occupying a parcel or
1769	using the common areas.
1770
1771	The prevailing party in any such litigation is entitled to
1772	recover reasonable attorney's fees and costs. A member
1773	prevailing in an action between the association and the member
1774	under this section, in addition to recovering his or her
1775	reasonable attorney's fees, may recover additional amounts as
1776	determined by the court to be necessary to reimburse the member
1777	for his or her share of assessments levied by the association to
1778	fund its expenses of the litigation. This relief does not
1779	exclude other remedies provided by law. This section does not
1780	deprive any person of any other available right or remedy.
1781	(2)  The association If a member is delinquent for more
1782	than 90 days in paying a monetary obligation due the
1783	association, an association may suspend, until such monetary
1784	obligation is paid, the rights of a member or a member's
1785	tenants, guests, or invitees, or both, to use common areas and
1786	facilities and may levy reasonable fines of up to $100 per
1787	violation, against any member or any member's tenant, guest, or
1788	invitee for the failure of the owner of the parcel or its
1789	occupant, licensee, or invitee to comply with any provision of
1790	the declaration, the association bylaws, or reasonable rules of
1791	the association. A fine may be levied for each day of a
1792	continuing violation, with a single notice and opportunity for
1793	hearing, except that the a fine may not exceed $1,000 in the
1794	aggregate unless otherwise provided in the governing documents.
1795	A fine of less than $1,000 may not become a lien against a
1796	parcel. In any action to recover a fine, the prevailing party is
1797	entitled to collect its reasonable attorney's fees and costs
1798	from the nonprevailing party as determined by the court.
1799	(a)  An association may suspend, for a reasonable period of
1800	time, the right of a member, or a member's tenant, guest, or
1801	invitee, to use common areas and facilities for the failure of
1802	the owner of the parcel or its occupant, licensee, or invitee to
1803	comply with any provision of the declaration, the association
1804	bylaws, or reasonable rules of the association. The provisions
1805	regarding the suspension-of-use rights do not apply to the
1806	portion of common areas that must be used to provide access to
1807	the parcel or utility services provided to the parcel.
1808	(b)(a)  A fine or suspension may not be imposed without at
1809	least 14 days' notice to the person sought to be fined or
1810	suspended and an opportunity for a hearing before a committee of
1811	at least three members appointed by the board who are not
1812	officers, directors, or employees of the association, or the
1813	spouse, parent, child, brother, or sister of an officer,
1814	director, or employee. If the committee, by majority vote, does
1815	not approve a proposed fine or suspension, it may not be
1816	imposed. If the association imposes a fine or suspension, the
1817	association must provide written notice of such fine or
1818	suspension by mail or hand delivery to the parcel owner and, if
1819	applicable, to any tenant, licensee, or invitee of the parcel
1820	owner.
1821	(3)  If a member is more than 90 days delinquent in paying
1822	a monetary obligation due to the association, the association
1823	may suspend the rights of the member, or the member's tenant,
1824	guest, or invitee, to use common areas and facilities until the
1825	monetary obligation is paid in full. This subsection does not
1826	apply to that portion of common areas used to provide access or
1827	utility services to the parcel.
1828	(b)  Suspension does of common-area-use rights do not
1829	impair the right of an owner or tenant of a parcel to have
1830	vehicular and pedestrian ingress to and egress from the parcel,
1831	including, but not limited to, the right to park. The notice and
1832	hearing requirements under subsection (2) do not apply to a
1833	suspension imposed under this subsection.
1834	(4)(3)  If the governing documents so provide, An
1835	association may suspend the voting rights of a parcel or member
1836	for the nonpayment of any monetary obligation due to the
1837	association that is more than regular annual assessments that
1838	are delinquent in excess of 90 days delinquent. A voting
1839	interest or consent right allocated to a parcel or member which
1840	has been suspended by the association may not be counted towards
1841	the total number of voting interests for any purpose, including,
1842	but not limited to, the number of voting interests necessary to
1843	constitute a quorum, the number of voting interests required to
1844	conduct an election, or the number of voting interests required
1845	to approve an action under this chapter or pursuant to the
1846	governing documents. The notice and hearing requirements under
1847	subsection (2) do not apply to a suspension imposed under this
1848	subsection. The suspension ends upon full payment of all
1849	obligations currently due or overdue to the association.
1850	(5)  All suspensions imposed pursuant to subsection (3) or
1851	subsection (4) must be approved at a properly noticed board
1852	meeting. Upon approval, the association must notify the parcel
1853	owner and, if applicable, the parcel's occupant, licensee, or
1854	invitee by mail or hand delivery.
1855	Section 19.  Subsection (9) of section 720.306, Florida
1856	Statutes, is amended to read:
1857	720.306  Meetings of members; voting and election
1858	procedures; amendments.-
1859	(9)(a)  ELECTIONS AND BOARD VACANCIES.- Elections of
1860	directors must be conducted in accordance with the procedures
1861	set forth in the governing documents of the association. All
1862	members of the association are eligible to serve on the board of
1863	directors, and a member may nominate himself or herself as a
1864	candidate for the board at a meeting where the election is to be
1865	held or, if the election process allows voting by absentee
1866	ballot, in advance of the balloting. Except as otherwise
1867	provided in the governing documents, boards of directors must be
1868	elected by a plurality of the votes cast by eligible voters.
1869	(b)  A person who is delinquent in the payment of any fee,
1870	fine, or other monetary obligation to the association for more
1871	than 90 days is not eligible for board membership. A person who
1872	has been convicted of any felony in this state or in a United
1873	States District or Territorial Court, or has been convicted of
1874	any offense in another jurisdiction which would be considered a
1875	felony if committed in this state, is not eligible for board
1876	membership unless such felon's civil rights have been restored
1877	for at least 5 years as of the date on which such person seeks
1878	election to the board. The validity of any action by the board
1879	is not affected if it is later determined that a member of the
1880	board is ineligible for board membership.
1881	(c)  Any election dispute between a member and an
1882	association must be submitted to mandatory binding arbitration
1883	with the division. Such proceedings must be conducted in the
1884	manner provided by s. 718.1255 and the procedural rules adopted
1885	by the division. Unless otherwise provided in the bylaws, any
1886	vacancy occurring on the board before the expiration of a term
1887	may be filled by an affirmative vote of the majority of the
1888	remaining directors, even if the remaining directors constitute
1889	less than a quorum, or by the sole remaining director. In the
1890	alternative, a board may hold an election to fill the vacancy,
1891	in which case the election procedures must conform to the
1892	requirements of the governing documents. Unless otherwise
1893	provided in the bylaws, a board member appointed or elected
1894	under this section is appointed for the unexpired term of the
1895	seat being filled. Filling vacancies created by recall is
1896	governed by s. 720.303(10) and rules adopted by the division.
1897	Section 20.  Paragraph (d) is added to subsection (2) of
1898	section 720.3085, Florida Statutes, and paragraph (a) of
1899	subsection (1) and subsections (3) and (8) of that section are
1900	amended, to read:
1901	720.3085  Payment for assessments; lien claims.-
1902	(1)  When authorized by the governing documents, the
1903	association has a lien on each parcel to secure the payment of
1904	assessments and other amounts provided for by this section.
1905	Except as otherwise set forth in this section, the lien is
1906	effective from and shall relate back to the date on which the
1907	original declaration of the community was recorded. However, as
1908	to first mortgages of record, the lien is effective from and
1909	after recording of a claim of lien in the public records of the
1910	county in which the parcel is located. This subsection does not
1911	bestow upon any lien, mortgage, or certified judgment of record
1912	on July 1, 2008, including the lien for unpaid assessments
1913	created in this section, a priority that, by law, the lien,
1914	mortgage, or judgment did not have before July 1, 2008.
1915	(a)  To be valid, a claim of lien must state the
1916	description of the parcel, the name of the record owner, the
1917	name and address of the association, the assessment amount due,
1918	and the due date. The claim of lien secures shall secure all
1919	unpaid assessments that are due and that may accrue subsequent
1920	to the recording of the claim of lien and before entry of a
1921	certificate of title, as well as interest, late charges, and
1922	reasonable costs and attorney's fees incurred by the association
1923	incident to the collection process. The person making the
1924	payment is entitled to a satisfaction of the lien upon payment
1925	in full.
1926	(2)
1927	(d)  An association, or its successor or assignee, that
1928	acquires title to a parcel through the foreclosure of its lien
1929	for assessments is not liable for any unpaid assessments, late
1930	fees, interest, or reasonable attorney's fees and costs that
1931	came due before the association's acquisition of title in favor
1932	of any other association, as defined in s. 718.103(2) or s.
1933	720.301(9), which holds a superior lien interest on the parcel.
1934	This paragraph is intended to clarify existing law.
1935	(3)  Assessments and installments on assessments that are
1936	not paid when due bear interest from the due date until paid at
1937	the rate provided in the declaration of covenants or the bylaws
1938	of the association, which rate may not exceed the rate allowed
1939	by law. If no rate is provided in the declaration or bylaws,
1940	interest accrues at the rate of 18 percent per year.
1941	(a)  If the declaration or bylaws so provide, the
1942	association may also charge an administrative late fee in an
1943	amount not to exceed the greater of $25 or 5 percent of the
1944	amount of each installment that is paid past the due date.
1945	(b)  Any payment received by an association and accepted
1946	shall be applied first to any interest accrued, then to any
1947	administrative late fee, then to any costs and reasonable
1948	attorney's fees incurred in collection, and then to the
1949	delinquent assessment. This paragraph applies notwithstanding
1950	any restrictive endorsement, designation, or instruction placed
1951	on or accompanying a payment. A late fee is not subject to the
1952	provisions of chapter 687 and is not a fine.
1953	(8)(a)  If the parcel is occupied by a tenant and the
1954	parcel owner is delinquent in paying any monetary obligation due
1955	to the association, the association may demand that the tenant
1956	pay to the association the subsequent rental payments and
1957	continue to make such payments until all the monetary
1958	obligations of the parcel owner related to the parcel have been
1959	paid in full to the association and the future monetary
1960	obligations related to the parcel. The demand is continuing in
1961	nature, and upon demand, the tenant must continue to pay the
1962	monetary obligations until the association releases the tenant
1963	or until the tenant discontinues tenancy in the parcel.
1964	1.  The association must provide the tenant a notice, by
1965	hand delivery or United States mail, in substantially the
1966	following form:
1967
1968	Pursuant to section 720.3085(8), Florida
1969	Statutes, we demand that you make your rent payments
1970	directly to the homeowners' association and continue
1971	doing so until the association notifies you otherwise.
1972	Payment due the homeowners' association may be in
1973	the same form as you paid your landlord and must be
1974	sent by United States mail or hand delivery to
1975	...(full address)..., payable to ...(name)....
1976	Your obligation to pay your rent to the
1977	association begins immediately, unless you have
1978	already paid rent to your landlord for the current
1979	period before receiving this notice. In that case, you
1980	must provide the association written proof of your
1981	payment within 14 days after receiving this notice and
1982	your obligation to pay rent to the association would
1983	then begin with the next rental period.
1984	Pursuant to section 720.3085(8), Florida
1985	Statutes, your payment of rent to the association
1986	gives you complete immunity from any claim for the
1987	rent by your landlord.
1988
1989	2.  A tenant who acts in good faith in response to a
1990	written demand from an association is immune from any claim by
1991	from the parcel owner related to the rent timely paid to the
1992	association after the association has made written demand.
1993	(b)(a)  If the tenant paid prepaid rent to the landlord or
1994	parcel owner for a given rental period before receiving the
1995	demand from the association and provides written evidence to the
1996	association of having paid paying the rent to the association
1997	within 14 days after receiving the demand, the tenant shall
1998	begin making rental payments to the association for the
1999	following rental period and shall continue making receive credit
2000	for the prepaid rent for the applicable period and must make any
2001	subsequent rental payments to the association to be credited
2002	against the monetary obligations of the parcel owner until the
2003	association releases the tenant or the tenant discontinues
2004	tenancy in the unit to the association. The association shall,
2005	upon request, provide the tenant with written receipts for
2006	payments made. The association shall mail written notice to the
2007	parcel owner of the association's demand that the tenant pay
2008	monetary obligations to the association.
2009	(c)(b)  The liability of the tenant may not exceed the
2010	amount due from the tenant to the tenant's landlord. The tenant
2011	is not liable for increases in the amount of the monetary
2012	obligations due unless the tenant was notified in writing of the
2013	increase at least 10 days before the date on which the rent is
2014	due. The tenant shall be given a credit against rents due to the
2015	landlord parcel owner in the amount of assessments paid to the
2016	association.
2017	(d)(c)  The association may issue notice notices under s.
2018	83.56 and may sue for eviction under ss. 83.59-83.625 as if the
2019	association were a landlord under part II of chapter 83 if the
2020	tenant fails to pay a monetary obligation. However, the
2021	association is not otherwise considered a landlord under chapter
2022	83 and specifically has no obligations duties under s. 83.51.
2023	(e)(d)  The tenant does not, by virtue of payment of
2024	monetary obligations, have any of the rights of a parcel owner
2025	to vote in any election or to examine the books and records of
2026	the association.
2027	(f)(e)  A court may supersede the effect of this subsection
2028	by appointing a receiver.
2029	Section 21.  Section 720.309, Florida Statutes, is amended
2030	to read:
2031	720.309  Agreements entered into by the association.-
2032	(1)  Any grant or reservation made by any document, and any
2033	contract that has with a term greater than in excess of 10
2034	years, that is made by an association before control of the
2035	association is turned over to the members other than the
2036	developer, and that provides which provide for the operation,
2037	maintenance, or management of the association or common areas,
2038	must be fair and reasonable.
2039	(2)  If the governing documents provide for the cost of
2040	communications services as defined in s. 202.11, information
2041	services or Internet services obtained pursuant to a bulk
2042	contract shall be deemed an operating expense of the
2043	association. If the governing documents do not provide for such
2044	services, the board may contract for the services, and the cost
2045	shall be deemed an operating expense of the association but must
2046	be allocated on a per-parcel basis rather than a percentage
2047	basis, notwithstanding that the governing documents provide for
2048	other than an equal sharing of operating expenses. Any contract
2049	entered into before July 1, 2011, in which the cost of the
2050	service is not equally divided among all parcel owners may be
2051	changed by a majority of the voting interests present at a
2052	regular or special meeting of the association in order to
2053	allocate the cost equally among all parcels.
2054	(a)  Any contract entered into by the board may be canceled
2055	by a majority of the voting interests present at the next
2056	regular or special meeting of the association, whichever occurs
2057	first. Any member may make a motion to cancel such contract, but
2058	if no motion is made or if such motion fails to obtain the
2059	required vote, the contract shall be deemed ratified for the
2060	term expressed therein.
2061	(b)  Any contract entered into by the board must provide,
2062	and shall be deemed to provide if not expressly set forth
2063	therein, that a hearing-impaired or legally blind parcel owner
2064	who does not occupy the parcel with a non-hearing-impaired or
2065	sighted person, or a parcel owner who receives supplemental
2066	security income under Title XVI of the Social Security Act or
2067	food assistance as administered by the Department of Children
2068	and Family Services pursuant to s. 414.31, may discontinue the
2069	service without incurring disconnect fees, penalties, or
2070	subsequent service charges, and may not be required to pay any
2071	operating expenses charge related to such service for those
2072	parcels. If fewer than all parcel owners share the expenses of
2073	the communications services, information services, or Internet
2074	services, the expense must be shared by all participating parcel
2075	owners. The association may use the provisions of s. 720.3085 to
2076	enforce payment by the parcel owners receiving such services.
2077	(c)  A resident of any parcel, whether a tenant or parcel
2078	owner, may not be denied access to available franchised,
2079	licensed, or certificated cable or video service providers if
2080	the resident pays the provider directly for services. A resident
2081	or a cable or video service provider may not be required to pay
2082	anything of value in order to obtain or provide such service
2083	except for the charges normally paid for like services by
2084	residents of single-family homes located outside the community
2085	but within the same franchised, licensed, or certificated area,
2086	and except for installation charges agreed to between the
2087	resident and the service provider.
2088	Section 22.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.